कानुन प्रवेश परीक्षा BALLB प्रवेश (५ वर्षे) तयारी

कानुन प्रवेश: प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

1781. Principle: A statement made by a person about the cause of his death or the circumstances leading to it is admissible as evidence when that person has died. Facts: Before dying in hospital, B tells the doctor that A stabbed him. B dies the next day. At A's trial, the doctor wants to testify about B's statement. Decide.

      कThe statement is inadmissible, because it is hearsay. खThe statement is inadmissible, because B is dead. गThe statement is admissible only if A agrees. घThe statement is admissible as a dying declaration.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1782. Principle: A witness may give evidence only of what he himself saw or heard; what someone else told him about a fact is hearsay and is generally not admissible to prove that fact. Facts: W testifies in court that his friend X told him that X saw A stab B. Decide.

      कW's statement is hearsay and is generally not admissible to prove the stabbing. खW's statement is direct evidence of the stabbing. गW's statement is admissible, because X is his friend. घW's statement proves that A stabbed B.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1783. Principle: A person whose rights will be affected by a decision must be given a fair opportunity to be heard before the decision is made, and must be told the case against him. Facts: A university expels a student for cheating on the basis of a secret report, without telling him the allegations or letting him respond. Decide.

      कThe expulsion is valid, because the university has full discretion. खThe expulsion violates natural justice. गThe expulsion is valid, because cheating is serious. घThe expulsion is valid if the report is true.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1784. Principle: Every person has a right to privacy concerning his personal information, including health information. Facts: A hospital, without the patient's consent, posts a patient's HIV test result on its public notice board. Decide.

      कThe hospital acted lawfully, because the result is true. खThe hospital has violated the patient's right to privacy. गThe hospital acted lawfully to warn the public. घThe patient violated hospital rules by being tested.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1785. Principle: Freedom of expression is subject to reasonable restrictions, including restrictions to prevent contempt of court. Facts: A newspaper publishes false allegations that a judge takes bribes, intending to lower public confidence in the court. Decide.

      कThe publication is fully protected by freedom of expression. खOnly the judge personally can be punished. गThe publication can be restricted and punished as contempt of court. घThe newspaper is protected, because the press is free.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1786. Principle: When the government makes a clear promise intending others to act on it, and a person acts on it to his detriment, the government cannot go back on the promise unless overriding public interest requires it. Facts: The government announces a five-year tax holiday for new factories in a backward district. Relying on it, A sets up a factory. After one year, without any public interest reason, the government withdraws the exemption. Decide.

      कA cannot enforce it, because tax is a sovereign power. खA cannot enforce it, because there was no written contract. गA must pay double tax for the first year. घA can enforce the promised exemption against the government.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1787. Principle: In matters of public interest, any person who acts in good faith may approach the court even if he is not personally affected. Facts: A lawyer files a petition in the Supreme Court about industries polluting a river used by thousands of people. He himself does not live near the river. Decide.

      कThe petition is maintainable as public interest litigation. खThe petition must be dismissed, because the lawyer is not affected. गOnly the government can file such a case. घOnly the industries can file such a case.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1788. Principle: A writ of certiorari may be issued to quash a decision already made by a lower court or tribunal acting without jurisdiction or in violation of natural justice. Facts: A disciplinary authority dismisses an employee without giving him any chance to be heard. The employee seeks to have the dismissal order set aside. Decide.

      कA writ of certiorari to quash the order is appropriate. खA writ of prohibition is appropriate, because the order is already made. गA writ of quo warranto is appropriate. घA writ of habeas corpus is appropriate.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1789. Principle: A writ of prohibition is issued by a superior court to stop a lower court or tribunal from continuing a proceeding beyond its jurisdiction. Facts: A tribunal set up only to hear labour disputes starts hearing a land ownership case. Before it decides, the affected party approaches the higher court. Decide.

      कA writ of mandamus is the appropriate remedy. खA writ of prohibition is the appropriate remedy. गA writ of quo warranto is the appropriate remedy. घA writ of habeas corpus is the appropriate remedy.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1790. Principle: A writ of quo warranto may be issued to remove a person who holds a public office without legal authority or qualification. Facts: A person who does not possess the minimum qualifications fixed by law is appointed to and occupies a public office. Decide.

      कA writ of mandamus is the appropriate remedy. खA writ of prohibition is the appropriate remedy. गA writ of quo warranto is the appropriate remedy. घA writ of habeas corpus is the appropriate remedy.
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।